Not Honouring
Trust conditions should be in writing, and should be accepted in writing. Even if the trust conditions are not agreed to in writing, the lawyer or limited licensee is assumed to agree to them if they use or keep the documents or property sent to them. Once the trust conditions are accepted, the lawyer or limited licensee must follow them.
If a lawyer or limited licensee is unable or unwilling to honour a trust condition:
- the items covered by the trust condition (money, signed documents, etc.) should be returned right away to the person who set the trust condition; or
- the lawyers or limited licensees can agree, and confirm in writing, to change the trust conditions,
See section 7.2-11 of the Law Society of Saskatchewan Code of Professional Conduct for Lawyers or the Law Society of Saskatchewan Code of Professional Conduct for Limited Licensees for more information.
If you are not represented and believe a lawyer or limited licensee has breached trust conditions, submit a complaint.
If you are represented, your lawyer or limited licensee should try to enforce the trust conditions for you. You should also submit a complaint.